JOB TERMINATION- HOW TO DEAL WITH THIS?

[2019Xray 2]

2 hours ago, Boiler said:

Well you never know and assuming again it works the same in your State as it does in mine then the Employer has the option to object if for example the Employee had been stealing and they had been let go for that. Even so as an Employer you would want to make sure everything was documented  etc.

 

Well, I'm hoping to be informed of any documentation against me. Pre-PIP, there was none. PIP is the only one that I'm aware of, of which they falsely accused me and refused to discuss. As stated, this PIP day was to be my dismissal as I was informed by my Boss, which begs the question, why didn't they?  Cz they ended up firing me 2 weeks later after just one 5 mins Post-PIP meeting. 

 

Nonetheless, I'm so sure they have their story lined up by now, just waiting to react to any accusation leveled against them. A keen and acute eye will be needed to see though their BS.

 

1 hour ago, Villanelle said:

I dont see any harm in trying for unemployment. Im not that familiar with it but I believe part of it is showing you are applying for jobs- which you are. Sometimes all it takes is a gov agency inquiry for a company to straighten up its paperwork. However I do not think there will be anything 'on file' as this seems to be off the record bad mouthing. You never know though. 

 

I did indicate on the application that I've lost 4 jobs as a result. Maybe the Unemployment Commission will call and ask me about it. I'll give the names of those 4 companies and maybe they'll call the companies and find out why and if it's a bad mouth, then my former employer may have overstepped boundaries. Hopefully, I get one of those agents who is willing to go an extra mile. 

 

I'll accept a wrong if I was wrong. Nonetheless, my employer never brought any to my attention and I'm unaware of those "evidences" they claim to have. 

 

Fingers crossed that this comes to an end.

 

As always, I will give an update. 

[Villanelle 4,122]

Wrongful Discharge/Termination of Employment
If you feel that you have been wrongfully fired from a job or let go from an employment situation, you may wish to learn more about your state's wrongful discharge laws.

Wrongful termination or wrongful discharge laws vary from state to state.
Some states are "employment-at-will" states, which means that if there is no employment contract (or collective bargaining agreement), an employer can let an employee go for any reason, or no reason, with or without notice, as long as the discharge does not violate a law.
 

If you feel you have been wrongfully discharged or terminated from employment, you may: 

Contact your State Labor Office for more information on wrongful termination laws in your state.
Seek legal counsel if your employer terminated you for any reason not covered under state or federal law.
You may also be eligible for unemployment compensation and extension of your health care benefits.

https://www.dol.gov/whd/contacts/state_of.htm - state labor office links.

 

Unemployment laws vary by state but generally you are eligible for unemployment if you are unemployed through no fault of your own. So it is possible for you to get some kind of answer by filing. For that to happen the company would have to take the position that you were at fault and would have to show the state such. But if they have no paperwork like that and dont argue for you to not get unemployment it wont help resolve this. 

 

Try reaching out to the state labor office about wrongful termination and see what they can advise you.

 

[2019Xray 2]

3 hours ago, Villanelle said:

Wrongful Discharge/Termination of Employment
If you feel that you have been wrongfully fired from a job or let go from an employment situation, you may wish to learn more about your state's wrongful discharge laws.

Wrongful termination or wrongful discharge laws vary from state to state.
Some states are "employment-at-will" states, which means that if there is no employment contract (or collective bargaining agreement), an employer can let an employee go for any reason, or no reason, with or without notice, as long as the discharge does not violate a law.
 

If you feel you have been wrongfully discharged or terminated from employment, you may: 

Contact your State Labor Office for more information on wrongful termination laws in your state.
Seek legal counsel if your employer terminated you for any reason not covered under state or federal law.
You may also be eligible for unemployment compensation and extension of your health care benefits.

https://www.dol.gov/whd/contacts/state_of.htm - state labor office links.

 

Unemployment laws vary by state but generally you are eligible for unemployment if you are unemployed through no fault of your own. So it is possible for you to get some kind of answer by filing. For that to happen the company would have to take the position that you were at fault and would have to show the state such. But if they have no paperwork like that and dont argue for you to not get unemployment it wont help resolve this. 

 

Try reaching out to the state labor office about wrongful termination and see what they can advise you.

 

 

Wonderful.  Will teach out tomorrow and share. Thanks 

[Steeleballz 7,550]

10 hours ago, Boiler said:

Well you never know and assuming again it works the same in your State as it does in mine then the Employer has the option to object if for example the Employee had been stealing and they had been let go for that. Even so as an Employer you would want to make sure everything was documented  etc.

 

   Even if the employer doesn’t contest, someone from the UI department will inquire about the reason for the termination. They need that information from the employer to determine benefit eligibility. 

[2019Xray 2]

Just spent 4 hours crafting my detailed letter to the labor office. Let's wait and see what they say. I sent it via email. 

 

I will also update on this. 

[2019Xray 2]

Update:

 

1. So I just looked at my unemployment benefits claim and it looks like I'll be getting paid. So I don't think I'll be getting info from my former employer. 

 

2. I also submitted discrimination complaint last week. Took me a while to jot down everything. Anyway, since it was more than 3 days, I just called the labor office a few minutes ago and was informed my complaint was accepted as discrimination by former employer and it'll take 1-2 months to draft it (was told the agency is understaffed, that's why it'll take that long). After draft, they'll email me a document to sign and they will assign a mediator afterwards. Should either party refuse a mediator, then formal investigation will be launched. But that can take upto 6 months. 

 

I know this is just a step whose final outcome may or may not go in my favor, but I'm happy that atleast some form of discrimination was observed on my former employer. 

 

To the labor office I sent:

1. My written testimony

2.  Both PIP document and my termination letter. 

 

Anyway,  regardless of how long the process takes, I hope for a positive outcome and get a job soon even as this process continues. 

[Villanelle 4,122]

Great update! I hope you are able to resolve this with the discrimination case. I know you are not actively pursuing a civil case but if you were it would probably be under- tortious interference., specifically- interference with prospective advantage. Here is a link to a place that does that kind of stuff. I have no idea if they are a reputable attny or not- Im just giving you the link as a starting point to explore the topic if you are so inclined. It may also help you at the mediation hearing to be familiar with this concept.  https://www.legalmatch.com/law-library/article/interference-with-prospective-advantage-lawyers.html

 

Show expectancy   All states require that you show some sort of expectancy. That is, you will have to show that you had a solid possibility of some sort of economic or monetary gain based on your dealings with a person despite not yet having a contract. Typically, what happens is that two people have a solid verbal agreement about something, and at the last minute some third party comes in and ruins the deal by saying something bad about one of the parties.

 

The bolded is exactly what they are doing to you. 

[2019Xray 2]

30 minutes ago, Villanelle said:

Great update! I hope you are able to resolve this with the discrimination case. I know you are not actively pursuing a civil case but if you were it would probably be under- tortious interference., specifically- interference with prospective advantage. Here is a link to a place that does that kind of stuff. I have no idea if they are a reputable attny or not- Im just giving you the link as a starting point to explore the topic if you are so inclined. It may also help you at the mediation hearing to be familiar with this concept.  https://www.legalmatch.com/law-library/article/interference-with-prospective-advantage-lawyers.html

 

Show expectancy   All states require that you show some sort of expectancy. That is, you will have to show that you had a solid possibility of some sort of economic or monetary gain based on your dealings with a person despite not yet having a contract. Typically, what happens is that two people have a solid verbal agreement about something, and at the last minute some third party comes in and ruins the deal by saying something bad about one of the parties.

 

The bolded is exactly what they are doing to you. 

 

Wonderful. Thanks for the education. 

 

So do I need to wait for the State Labor Office to send me the draft, sign it and then use that draft to talk to a tort attorney? Just asking if that's the process, should I think of doing it. 

[Villanelle 4,122]

Again this is immigration forums and not legal advice ones. The people on reddits r/legaladvice are just as nice as the folks here and Im sure they could answer your questions better! IMO a claim with the state is one action and a civil suit is another. An attny may tell you they dont want to get involved since you have a claim with the state, or they may think thats great and use the state claim process to benefit a civil suit. I am not an attny so I have no idea. Most attnys will give a free consult. The link I provided was just for general info on the type of claim it would be and the type of attny you would look for if you wanted to pursue it. 

[2019Xray 2]

So the State's Unemployment Benefits Office calls me to answer a few questions. Why? Apparently, they've reached out to former employer numerous times and have not received any feedback. I'm not surprised that my former employer, a big corporation, doesn't wanna answer questions. This is a big corporation. Surely, its been 3 weeks. Someone should have responded to the States Office already. Anyway, she informed me she will be forced to make a decision today cz my former employer is now being difficult.  I'm not surprised at all. 

Edited October 25, 2019 by 2019Xray

[Villanelle 4,122]

Im not that surprised either. But its "ok" for them to not respond to unemployment office. The unemployment office will just decide with the info they have so it most likely will be in your favor... The Labor Office is a totally different situation. The company will have to respond to them where the unemployment claim can be ignored. They can not ignore the Labor Office with out major consequences. 

 

I actually did deal with a states labor office a long time ago but it wasnt directly. From my understanding and experience they do have a lot of power.

[2019Xray 2]

Understood.

Well, let's wait and see what happens with the Labor Office. I'm still waiting on their draft. I should have it by December. 

 

So I'd noted in Unemployment Benefits application that my former employer claims to have "evidences." The lady I spoke with specifically asked me what the evidences were and if I have a copy. I informed her that I do not know what they are as my former employer has refused to hand them out. I also told her I don't have them. To think about it, the Uemployment Office, in their email or voicemail, may have specifically asked about this point as I believe it's something important in their decision making process. So in my speculation,  I think when my former employer heard / read about it, they froze and that might be the reason why they are ignoring the benefits office. Maybe they're using this time to "gather" post "evidence." Let's wait and see how this plays out when the Labor Office comes knocking. At that time, I'll add that they refused to respond to the Benefits Office. That may draw more scrutiny from the Labor Office. 

[2019Xray 2]

Just another update that popped up on my end this morning. This just came in from the Benefits Office. 

 

Will update as things progress 

Edited October 28, 2019 by 2019Xray

[2019Xray 2]

Current Update. 

 

I just got notified by the Unemployment Office to sign documents in order to start mediation, if both parties want to. If not, it will move to investigations. 

 

Not sure if I should sign or just let it roll to investigations. 🤷‍♂️

 

Nonetheless, I got another job this January. 

 

[TBoneTX 45,845]

2 hours ago, 2019Xray said:

I got another job this January.

Super!  Thanks for sharing your good news.